Non-Compete Agreements Lawyers in Florida

Non-compete agreements can limit your career, income, and future job prospects. Whether you’ve signed one, are being asked to sign one, or have a new job offer and need to know if you can accept it, understanding your legal rights is crucial.

At Kaplan Employment Law, we help employees review, negotiate, and challenge non-compete agreements that threaten their careers. Attorney Brett Kaplan has extensive experience breaking invalid agreements, protecting employees from overly restrictive clauses, and ensuring compliance when transitioning to a new job.

If a non-compete threatens your future, let’s discuss your options. Free consultation.

What Is a Non-Compete Agreement?

A non-compete agreement (NCA) restricts an employee’s ability to work for competitors, start a business, or use company knowledge after leaving an employer. These agreements are common in industries where trade secrets, proprietary knowledge, or customer relationships are central to a company’s success.

While Florida allows non-compete agreements, courts only enforce them if they meet strict legal standards. Many agreements are overly broad, unreasonable, or designed to intimidate employees into staying put.

Before signing, quitting, or accepting a new job, consult an attorney to protect your future.

Key Components of a Non-Compete Agreement

Non-compete agreements vary depending on the industry and employer, but they typically include the following components:

1. Duration of the Restriction

• Florida generally limits non-competes to two years or less.
• Courts rarely uphold longer restrictions unless special circumstances apply.

2. Geographic Limitations

• Some NCAs restrict employment within a specific city, county, or state.
• If the agreement covers an entire state or multiple regions, it may be unenforceable.

3. Scope of Restricted Activities

• Defines what type of work you’re prohibited from doing for a competitor.
• Vague or overly broad language may invalidate the agreement.

4. Restricting Employment with Specific Competitors

• Some agreements list specific companies or industries you cannot work for.
• Courts often reject these restrictions unless the employer proves legitimate business harm.

5. Penalties for Violations

• Some employers include financial penalties or threats of lawsuits for violating an NCA.
• Many penalty clauses are unenforceable under Florida law.

If your agreement contains excessive restrictions, Kaplan Employment Law can fight for your right to work.

Can You Accept a New Job Without Violating Your Non-Compete?

Before accepting a new job, you need to determine whether the role violates your existing non-compete agreement. Our firm helps:

• Review job offers to assess risk.
• Interpret non-compete language to determine enforceability.
• Negotiate with your new employer to adjust duties or location to avoid violations.
• Defend against employer threats if they claim you breached your non-compete.

Don’t risk losing a job or facing legal action—consult us before making a move.

Are Non-Compete Agreements Enforceable in Florida?

Florida law only enforces non-competes that protect legitimate business interests, such as:

• Trade secrets or confidential information
• Client relationships and goodwill
• Specialized training paid for by the employer

BUT: the agreement must be reasonable in duration, geography, and scope. If it excessively limits your career, a court may refuse to enforce it.

Industries That Commonly Use Non-Compete Agreements

Some industries use non-compete agreements more aggressively than others:

• Technology & IT – Protecting proprietary software and systems.
• Healthcare – Restricting competition in specialized medical practices.
• Financial Services – Preventing client poaching.
• Corporate Management – Securing business strategy confidentiality.
• Manufacturing & Product Development – Guarding trade secrets.
• Entertainment & Media – Controlling brand and creative rights.

If you’re in any of these industries, speak with an attorney before signing or assuming your non-compete is valid.

Kaplan Employment Law Can Help with Your Non-Compete Agreement

You may be excited to move to your next career milestone, but you should not have to sacrifice your rights at the expense of long-term freedoms. If your current employer has drafted a restrictive non-compete agreement, you could put yourself at risk of legal retaliation or prosecution. Our contract attorneys can help you by:

Reviewing & Explaining Your Non-Compete

Non-compete agreements are complex legal documents. We analyze your agreement, identify risks, and explain your rights so you fully understand what you’re signing and what’s enforceable.

Challenging or Breaking an Unfair Non-Compete

Many non-competes don’t hold up in court. We can:

• Challenge overly broad or vague language
• Argue the agreement lacks a legitimate business interest
• Show that restrictions unfairly harm your ability to earn a living

If the agreement is unenforceable, we can negotiate with your employer or challenge it in court.

Negotiating Fair Terms

If you’re being asked to sign an NCA, we can negotiate better terms, such as:

• A shorter duration
• A clearer definition of geographic restrictions
• A limited scope of restricted activities

What Should I Do If I’m Worried About a Non-Compete Agreement?

You might feel pressured to sign a non-compete before you’re ready. Whether that pressure happens when you’re starting a new job or getting ready to leave for a new opportunity, you should take these steps to protect your right to work.

1. Don’t Sign Without Legal Review

Employers often pressure employees to sign non-competes as part of hiring documents. Never sign before consulting an attorney.

2. Avoid Violating the Agreement

If you’re already bound by an NCA, don’t take risks. Consult a contract attorney before making any career moves that might trigger enforcement.

3. Gather Evidence

If you believe your non-compete is invalid, collect:

• Your employment contract
• Any communications about the non-compete
• Job descriptions and responsibilities

The more documentation you have, the stronger your case.